Vel @ Velmurugan v. Inspector Of Police
C.V.KARTHIKEYAN , J.
The Petitioner/A2 in Crime No.242 of 2023 registered by the Respondent for the offences under Sections 341, 294(b) IPC read with Section 3 of TN Public Property (Prevention of Damage & Loss) Act, 1992, seeks anticipatory bail.
2. It is stated by the learned Government Advocate (Criminal Side) that all the three Accused persons protested at the arrest of a leader of the party to which they owe allegiance. They had also broken the windshield of a bus and caused damages of Rs.50,000/-.
3. The learned counsel for the Petitioner stated that the Petitioner is an innocent person and he has not committed any of the offences as alleged by the Respondent and he has been falsely implicated in this case. Thus, he prays for anticipatory bail to the Petitioner herein. 1/5
4. Taking all these factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions that he deposits a sum of Rs.10,000/- to the credit of Crime No.242 of 2023 which amount can be retained in a fixed deposit and final orders can be passed at the time of conclusion of the trial by the learned District Munsif - cum - Judicial Magistrate, Kattumannarkoil. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif - cum - Judicial Magistrate Court, Kattumannarkoil, on condition that the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
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[b] the petitioner shall report before the respondent daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation.
[c] the Petitioner shall deposit a sum of Rs.10,000/- to the credit of Crime No.242 of 2023 which amount can be retained in a fixed deposit and final orders can be passed at the time of conclusion of the trial by the learned District Munsif - cum - Judicial Magistrate, Kattumannarkoil. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
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C.V.KARTHIKEYAN , J.
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